Deceased estates, unclaimed (1850) (WA)

14 VICTORLE. No. 12

Intestates' Estates Balances

WESTERN AUSTRALIA

ANNO QUARTODECIMO

VICTORIIE REGINYE

No. 12

An Ordinance for the Disposal of Balances of Estates of Deceased Persons remaining unclaimed in the hands of the Public Administrator.

[Assented to 2nd December, 1850.

HEREAS it is expedient that all unclaimed balances of moneys Preamble

VV belonging to the estates of persons, whether dying intestate or otherwise, heretofore collected and received, or which may hereafter	\
be collected and received by the Registrar Clerk of the Civil Court, or Balancesremairo any other person or persons under the direction of the said Court, be ageitaigWieftlie paid over to the Colonial Treasurer, under certain restrictions, for the hain/s of the
public uses of this Colony, and in support of the Government thereof : ItotraTZ
Be it therefore enacted by His Excellency the Governor of Western to the colonialTreasurer
Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof; that in every case in which letters of administration shall have been committed to the Registrar Clerk of the Civil Court, when and so often as it shall happen that any undisposed residue of the estate of any person, whether dying, intestate or not, shall have remained or shall hereafter remain unclaimed in the hands of such Registrar Clerk for the space of three years from the date of such letters of administration, it shall be lawful for the said Registrar Clerk, and he is hereby required to pay over every such sum into the hands of the Colonial Treasurer, who is hereby required to make a memorandum or entry thereof in a book to be kept for that purpose, specifying the name of the intestate or testator (as the case may be) and the amount of the residue of the estate so handed over to such Treasurer.

2. And be it enacted that when and so often as any of the said IPenlainin

sums so handed over shall remain unclaimed in the hands of the It ne aerds in the

Colonial Treasurer for the space of three years, then it shall be lawful Ig'odnsiolthe

for the Governor, by any warrant made by him for that purpose, to surer, they may

apply the same to the public uses of the Colony and the support of /1;anoliued toof the

the Government thereof, subject nevertheless to the order hereinafter the colony

mentioned.

3. And be it enacted that it shall be lawful at all times for the reaitfor apratyy.

Commissioner of the Civil Court, either by way of summary proceeding

Or otherwise, on motion or petition made or presented by or on behalf	ng
of any person claiming the residue, or any part of the residue of any estate so handed over, to make an order for the payment thereof, by the Colonial Treasurer to the party entitled to receive the same, and it

14 VICTORIJE. No. 12

Intestates' Estates Balances

shall be lawful for the Governor, on the production of such order and

How obtained

deposit of the same with the Colonial Secretary, to issue his warrant to

and enforced

the said Treasurer for payment of the sum mentioned to the party

entitled under such order to receive the same.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.